[fieldmarshaldj]

First degree would indicate planning and premeditation. That’s going to be very difficult to prove (indeed, virtually impossible unless said cop was explicitly looking to kill the specific guy).

[Impy]

Here’s the skinny on first degree murder in IL

http://statelaws.findlaw.com/illinois-law/illinois-first-degree-murder-laws.html

And 2nd degree

http://statelaws.findlaw.com/illinois-law/illinois-second-degree-murder-laws.html

Only difference is 2nd has mitigating circumstance ie sudden passion or (unreasonable) belief that the killing was justified

They have to prove intent to kill for either or “Knows that the acts create a strong probability of causing death or great bodily harm to the individual”, busting a whole lot of caps probably qualifies.

“Voluntary manslaughter” is just for the unborn

http://statelaws.findlaw.com/illinois-law/illinois-voluntary-manslaughter-laws.html

Here’s involuntary

http://statelaws.findlaw.com/illinois-law/illinois-involuntary-manslaughter-laws.html

Looks like they have a case for 2nd degree, charging 1st is a reach, I don’t know how one could say they’re weren’t mitigating circumstances.

[bimboeruption]

Premeditation can be formed in the twinkling of an eye.

I believe they based this charge on the several second pause between shots.